Shri Swapan Kumar Mohanty, President.

This is an application u/s.12 of the C.P. Act, 1986.

The grievance of the Complainant is that he has a Savings Bank Account being No.1401001500005021 with OP 2 Bank without cheque facility. He never obtain any loan from the OP - 2 Bank. The OP Bank arbitrarily issued letter asking him to pay the outstanding amount of Rs.4,715/- immediately,  in default appropriate recovery action will be taken against him as per Bank’s rule. The Complainant had been to the OP 2- Bank as well as Zonal Office of OP-2 and asked the Manager and Zonal Manager regarding the reason of outstanding demand. No satisfactory answer is received from their part. Neither the Complainant obtained any loan from the OP Bank nor enjoyed any over draft facility against the said S.B. Account. Alleging deficiency on the part of the OPs, Complainant filed the inst ant complaint.

In spite of service of notices OPs did not turn up to contest the case, As such, the case is heard ex parte against them.

DECISION  WITH  REASONS

Upon perusal of the petition of complaint including Original Savings Bank Pass Book bearing No. 1401001500005021, it is clear that Complainant opened a S.B. Account with the OP 2 Bank on 10.01.2010. Several transactions were done. Complainant relied letters dated 21.10.2016, 17.01.2017, 27.-02.2017 and 13.03.2017 issued by the OP-1 Bank   and claiming that he never obtain any loan from the Bank. According to the Complainant, a loan is shown in his name in respect of  the aforesaid S.B. Account as told by the OPs. On perusal of the S, B. Pass Book it reveals that there is a note to maintain minimum average balance to avoid leavy of charges. Complainant never up dated the transaction in respect of the said Account after 16.01.2012. Notice dated 17.01.2017 of the OP-2 Bank goes to show that Complainant was requested to pay the overdue amount and keep minimum balance of Rs.1,000/- in the said Account. Thus, it becomes clear that as per bank’s norms, the OP-2 demanded leavy charges  for non maintaining minimum average balance of Rs.1,000/- in the S.B. Account  Letters dated 21.10.2016, 27.02.2017 and 13.03.2017 do not support the allegation of the Complainant that a loan is shown in his name in the said S.B. Account. Thus, there is no deficiency on the part of the OPs for demanding Rs.4,715/- and regularization of the S.B. Account.

            Based on the above discussion, we are of the opinion that the Complainant is not entitled to any relief or reliefs as prayed for.

            Resultantly, the complaint fails and is liable to be dismissed.

            Hence,

ORDERED

That the Complaint Case being No.158 of 2018 be and the same is dismissed ex parte against the OPs but without any costs.